Is speeding ticket still valid?
What is the statute of limitations on issuing a speeding ticket in Grand Cayman?
Auntie’s answer: I followed up with the reader to clarify that more than six months have elapsed since he was stopped for speeding and he has not received the ticket, so he was wondering if the statute of limitations has expired. However, there are a few other details to consider before giving a reply.
After clarifying the circumstances of the incident, it turns out he was stopped for excessive speeding (more than 25mph over the limit), which translates into an amount above the maximum $500 allowed for issuing a ticket.
As a result, the document would be sent to the court and he would be summoned to appear. While the reader understood the summons would be posted to him, an RCIPS spokesperson explained that it doesn’t get mailed; a summons officer would personally serve the document to him.
Therefore, it seems that one of two scenarios are possible. It could be that the summons officer has not yet been able to deliver the document. The second option calls into play the statute of limitations that prompted the reader’s original question. There is a chance that the report of his speeding was not delivered to the court within the required time frame.
The RCIPS spokesperson explained that the statute of limitations for traffic offence reports is six months. While officers try to get them done as soon as possible, an individual’s workload or demands for patrol or response can slow things down.
If that happened in this case, then the time limit has indeed passed. But the reader should also be aware that if the report was created within the requisite six months, there is no time limit on locating him and delivering the summons.
So to the reader: For your own peace of mind, you could find out which circumstances pertain by going to the Courts Office (open 9am-3pm, 949-4296) or any police station and inquiring if a summons has been issued for you.
Category: Ask Auntie, Traffic Questions
From a legal perspective [ sought from a local barrister ] the view is that it is the Crowns responsibility to deliver a summons , not the accused to seek it. The burden rests with the courts to see a deliverable summons to be delivered ( by hand ) by an appointee of the clerk of the court .
Some people just don’t know when to keep quiet.
Noooooo! Don’t rock that boat!! Don’t wake the Kraken!